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Tort Liability for Belligerent Wrongs

Abraham, H; (2019) Tort Liability for Belligerent Wrongs. Oxford Journal of Legal Studies , 39 (4) pp. 808-833. 10.1093/ojls/gqz025. Green open access

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Abstract

Most legal systems deny civilians a right to compensation for losses they sustain during belligerent activities. Arguments for recognising such a right are usually divorced, to various degrees, from the moral and legal underpinnings of the notion of inflicting a wrongful loss under either international humanitarian law or domestic tort law. My aim in this article is to advance a novel account of states’ tortious liability for belligerent wrongdoing, drawing on both international humanitarian law and corrective justice approaches to domestic tort law. Structuring my account on both frameworks, I argue that some of the losses that states inflict during war are private law wrongs that establish a claim of compensation in tort. Only in cases where the in bello principles are observed can losses to person and property be justified and non-wrongful. Otherwise, they constitute wrongs, which those who inflict them have duties of corrective justice to repair.

Type: Article
Title: Tort Liability for Belligerent Wrongs
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/ojls/gqz025
Publisher version: https://doi.org/10.1093/ojls/gqz025
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher's terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10142158
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